소유권말소등기
1. Of the instant lawsuit, the part of the Plaintiffs’ respective claims against Defendant D is dismissed.
2. The plaintiffs' defendant C.
1. In around 2003, the Plaintiffs asserted that each real estate listed in the separate sheet (attached Form No. 1) owned by the Plaintiffs between Defendant C and each real estate listed in the separate sheet (attached Form No. 2, the real estate listed in the separate sheet No. 1, is owned by Plaintiff A and the real estate listed in the separate sheet No. 2, is owned by Plaintiff B), should be placed in the name of each Defendant C (hereinafter “instant claim title trust agreement”), and accordingly, completed the registration of ownership transfer in the name of Defendant C on March 15, 2013.
On April 29, 2015, Defendant C completed the registration of ownership transfer to Defendant D (Defendant C’s children) on the ground of the gift from April 28, 2015 as to each real estate listed in the separate sheet on April 29, 2015.
The title trust agreement of this case asserted by the plaintiffs is null and void, and Defendant D is a person who was aware of the existence of the title trust agreement of this case asserted by the plaintiffs, and the above donation is an embezzlement of Defendant C, and Defendant D is a null and void legal act in violation of Article 103 of the Civil Act.
Thus, the defendant D is obligated to perform the procedure for cancellation registration of each ownership transfer registration completed in the name of the defendant C with respect to each real estate listed in the separate sheet, at the plaintiffs' request by the defendant C as a creditor with the right to claim cancellation of the ownership transfer registration against the defendant C, and the defendant C is obligated to perform the procedure for cancellation registration of the above ownership transfer registration in the name of the defendant C with respect to the real estate listed in paragraph (1) of the separate sheet, and to implement the procedure for cancellation registration of the ownership transfer registration in the name of the defendant C with respect to
2. Determination
A. According to each claim of the plaintiffs against the defendant C, according to the evidence Nos. 1-1 and 3-3, the Daegu District Court No. 2216, Mar. 15, 2003, which received the registration of ownership transfer under the name of the plaintiff A, sold the real estate stated in attached Table No. 1-2, which was registered under the name of the plaintiff A.